REPORT ON CLIENT COUNSELLING ON NON-PERFORMANCE OF CONTRACT PDF

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IT WAS A MOCK CLIENT COUNSELLING SESSION FOR OUR EXAMS...

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SYMBIOSIS INTERNATIONAL DEEMED UNIVERSITY _____________________________________________________________________________________

REPORT ON CLIENT COUNSELLING ON NON-PERFORMANCE OF CONTRACT _____________________________________________________________________________________

Submitted by HIM MODI PRN: 19010324018 and NIKUNJ SIKARIA PRN: 19010324030 DIVISION C CLASS OF BBA LLB – SEM - 2 In MARCH, 2020 Under the guidance of Ms. Dhanya KA Assistant Professor

INTRODUCTION Lawyers are problem solvers. Whether it is about defeating a huge corporation in a multimillion-dollar lawsuit or protecting the rights of a single parent in a pro bono case, lawyers help such clients to work through the problems they face. The success in helping clients often depends on how effective lawyers are in developing a strong professional relationship with them. Strong professional relationships build on trust, comfort, and communication. Effective client interviewing and counseling can facilitate the development of a strong professional relationship with clients. It is preferable for a counselor to opt for a conversational style while talking with the client. The counselor must make the client feel comfortable, make him trust the process and make him realize that the questions inquired are only for the good of the client in having a better stance and ultimately find an appropriate action of remedy for the problem.

WHOM ARE WE GOING TO INTERVIEW? The client counseling was conducted on an online platform via through a video call on 27 th of March 2020 at about 3:45pm. The counselors were contacted by Mr. AMIT, a Hyderabad based supplier of shirts. Mr. Amit got supplies of his raw material from a place called Surat in Gujarat state. But from last 2 to 3 months the supplier of raw material delayed his supply to Mr. Amit because of which his business began to go in loss and when Mr. Amit confronted the supplier of raw material, he said he will stop sending the raw material. So, Mr. Amit came for his aid because he had paid advance sum of Money and the raw material owner is declining to accept that fact. After we have actively listened, and after we have worked on understanding our clients’ goals, values, and feelings, we move on to the analysis portion of the interview where we asked certain details to get a further insight into the case. After that we gave the potential legal issues related to our clients’ stories and offered to propose potential solutions to our clients’ problems and discuss the risks and benefits related to these solutions, also mentioning an outline of the additional work that which was used to perform in order to represent the clients in the best manner.

This report provides a brief summary of our first experience of legal client counseling. It gave us a practical example on how as a legal entity, to represent a firm and help a client with the problems they faced.

QUESTIONS ASKED GREETINGS ATTORNEY 1 (HIM)- Hello Sir may we please know your name CLIENT – Mr. AMIT ATTORNEY 1(HIM) - Did you have any problems finding this place? Was it easy to locate? CLIENT (Mr. AMIT)- It is centrally located and was quite easy to locate and I had no problem in locating it. ATTORNEY 2 (NIKUNJ)- So Mr. Amit how did you come to know about this place CLIENT- My friends and relatives told me about this place and since it is one of the best firms I personally decided to come here for advice.

ATTORNEY 2 (NIKUNJ)- So I would like to introduce you to ourselves my name is NIKUNJ and this is my co-council. CLIENT (Mr. AMIT) - Thank you and nice to meet you HIM and NIKUNJ. ADMINISTRATIVE QUESTIONS NIKUNJ- I would like to explain you about our policies (Goes on to talk about the fee statements, non-disclosure policies, conflict of interest etc.) Mr. AMIT- I understand and acknowledge HIM - I would further like to explain you about our no withdrawal rule from our side whereas the client can always opt for a better option and please be clear in communication, we are always there to listen to you and will do nothing which is against your conflict of interest Mr. AMIT - I acknowledge and understand.

INFORMATION GATHERING HIM- So Sir I would like to ask you certain question which will help us establish your issue and help us understand it, this will further help us in providing you with solutions or remedies to your said issues. Mr. AMIT - Okay I understand HIM- So Mr. AMIT please explain us your entire issue in detail. Mr. AMIT - So this issue I am facing is regarding the loss of my business profits. Since last 2 or 3 months the supplier of my raw material is sending me the goods at the delay of 10 to 15 days which starts affecting my business because with the delay of raw material the processing of my shirts gets delayed. whenever I confronted him with this issue, he used to say that it will be soon solved and it won’t repeat again. But last time when I again confronted him with the same, he stopped sending me the supply of the raw material which is now started to affect my business

badly. I had paid him an advance for the same and now he is not acknowledging this very fact. Also, we had signed a contract for the same and it is a written contract signed in Hyderabad. So, Mr. HIM I would like to know if I can challenge this and what are the possible remedies available to me. HIM- Mr. AMIT this issue is very much challengeable in court and I would lay down your remedies to you. But before that I would like to know that since how long you are doing business with another person. Mr. AMIT- This is the third contract we have signed. Our contract gets renewed after every one year. HIM- When does the validity of this contract will end this year. Mr. AMIT- It will end in June of this year.

HIM- Okay so this has been in plan for some time now. So last year in June it got renewed again Mr. AMIT from what I can see is that the validity of this contract is still for next 3 months and which means your supplier of raw material cannot stop sending you raw material whenever you ask him for next 3 months. Mr. Amit- I had paid him the advance of my next supply which he is denying how can I get my money back? NIKUNJ- How did you paid him? Mr. AMIT- I paid him through cheque NIKUNJ- Then it would be very easy for us to prove that so now what we will do is we will show the bank details from your account in court which will say that the money had been transferred in his account.

HIM- Mr. AMIT where was the contract between you and the supplier signed means what will be the jurisdiction of the contract. Mr. AMIT- The contract was signed at Hyderabad only. HIM- Does somewhere in the contract says that the time and date of arrival of your raw material from SURAT is fixed? Mr. AMIT- Yes, it is expressly written in the contract that the time is fixed of the arrival of the raw material. NIKUNJ- From what I can see is your case is very clear and we will try our best to serve you justice.

REASON BEHIND USING THE ABOVE-MENTIONED QUESTIONS

Firstly, the question asked during the greeting process was used to relive the mood and make the client comfortable with the setting and the environment around. Secondly the administrative questions were explained so that a professional image of the firm is created and its social accept like wavering of fee and confidentiality principles are highlighted. Thirdly the informative question asked were precise so as to get the entire Gist of the problem without any loopholes occasional nod and responses by yes were given to keep the client engaged and entertained. The questions about business was asked in order to understand the relationship of the client with the other business person and to establish motives. Finally, solutions were proposed which would benefit the client the most and which would have the least chance of being challenged.

TECHNIQUES USED Techniques used are very subjective to the listeners and based solely and need to be tailored according to the client. THE TECHNIQUES USED IN THIS SESSION ARE 1. ACTIVE LISTENING - It is a technique that is used in counseling, training, and solving disputes or conflicts. It requires that the listener fully concentrate, understand, respond and then remember what is being said. 2. EMPATHY- In counselling, empathy is an expression of the regard and respect the counsellor holds for the client whose experiences may be quite different from that of the counsellor. The client needs to feel "held", understood as well as respected. 3. EFFECTIVE COMMUNICATION- It was based on multiple parts that communication be clear and efficient. This technique is basically used in order to leave no fractions in the client’s statements. 4. AVOID CHAMPARTY- It basically means dealing illegally and charging higher fees this has been avoided as the firm is that of a purely professional nature.

ADVICE GIVEN WITH REASONS APPLYING THE LAW AND POSING REMEDIES HIM- So MR. AMIT I will be telling you the remedies which are available to you and which u can use in court of law as well some extra judicial remedies. Firstly, I would like to tell you that u can opt for damages, there are many types of damages which you can claim for and the best possible one for you would be special damages. Special damages is nothing but if your share of profit would have a particular yield in the future then you could claim the money which you were going to get if you would have let to continue with your share of profits, in the new contract formed by you and your partner he does not fulfill his end of the contract and hence you can make the contract void so by doing this not only you will get your advance but also compensation for you loss you suffered in your business.

And secondly you can file your case under section 73, 74, and 75 of the Indian contracts act which says Section 73 of the Act provides that When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss of damage sustained by reason of the breach Section 74 says that Compensation for breach of contract where penalty stipulated for:- When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any others stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. Section 75 says that Party rightfully rescinding contract, entitled to compensation. —A person who rightfully rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract.

NIKUNJ- Coming to other remedies you can opt for recession of contract which basically means cancelling your part of contract and discharge from your part of liability. You can also opt for novation which means cancelling the old contract and forming a new one with altered terms and conditions.

HIM- You can also use mediation and solve the matter internally and can also opt for specific performance in which the parties will have to continue with the old contract or whatever you desire until the land is sold and proportionately distributed.

Mr. AMIT- So you mean that all these remedies will help me in challenging the others party. Well thank you very much your services have been appreciated.

HIM- It is our pleasure Mr. AMIT if u have any others issue, we will always be there so felt free to contact us regarding any matter to the case.

NIKUNJ- Lastly, we would need your phone number in order to notify you of any furthers developments regarding your case

Mr. AMIT- I will mail it you along with my others credentials.

HIM- Thank you

NIKUNJ- Thank you

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